The H-1B visa program has already been the subject of some high-profile change. That includes the new electronic registration requirement with $10 fee, its impact on the lottery and reports of ever-increasing application denials. The tumult may not end any time soon. Two proposed rules could alter the H-1B visa process even further. Tightening the definition of ‘best and brightest’
On December 6, 2019, USCIS announced that employers seeking to file FY2021 H-1B cap-subject petitions, including those eligible for the advanced degree exemption, must first electronically register and pay an associated $10 fee for each electronic registration they submit to USCIS. USCIS Introduces its new Electronic Registration System Under this new process, employers seeking H-1B visa workers subject to the
The current administration said it would deny visas to immigrants who are unable to prove they can pay for their own health insurance or medical costs once they become official residents of the United States. The administration justified the move by saying immigrants are three times as likely to lack health insurance coverage, which would impose a burden on American
The current administration said it would deny visas to immigrants who are unable to prove they can pay for their own health insurance or medical costs once they become official residents of the United States. The administration justified the move by saying immigrants are three times as likely to lack health insurance coverage, which would impose a burden on American
Litwin & Smith recommends that you maintain your H-1B. Adjustment of Status EAD cannot be relied upon. U.S. Citizenship and Immigration Services (USCIS) issued a immigration policy alert on August 19, 2019, stating that USCIS is enhancing its adjudicators’ discretion to grant or deny work permits to foreign nationals paroled into the United States under INA 212(d)(5). This policy change
Until recently a provision in the May 2016, STEM OPT regulation was not enfored. Current immigration policy (81 FR 13039) clarifies DHS discretion to conduct employer site visits at worksites to verify whether employers are meeting program requirements, including that they possess and maintain the ability and resources to provide structured and guided work-based learning experiences. While DHS had the
Individuals from other countries seek work opportunities in the U.S. for many reasons. However, there are many restrictions and guidelines to be aware of. These revolve around the professional qualifications of the individual applying for that specific work visa. Employment-based immigration is split into two work visa categories, first and second preferences. First preference visas require an individual to fall
While a US citizen sponsored spouse might not be ineligible to adjust for unauthorized employment. An LPR sponsored spouse would be ineligible. Further, while the sponsored spouse may not be ineligible for a green card. The employer may be penalized for employing without authorization. After the current EAD expires could take time off from work and wait for the new
You want to stay in the United States and work. You know that there are opportunities for you, your family and your friends. Being able to work here is like a gift. With the right opportunities, everyone in your social circle benefits. Getting a Green Card is one of the first things you need to do, but you have to
Some individuals who come into the United States do so through an employer. The labor certification for which employers can apply enables them to bring people into the country to fill jobs. The program is overseen by the Department of Labor. The DOL handles the labor certification process to ensure that the people coming into the U.S. aren’t going to
The employers’ step-by-step guide to
THE H1-B PROCESS
FY2024
5829 Stoneridge Mall Road, Suite 218,
Pleasanton, CA 94588
5201 Great America Parkway,
Suite 320, Santa Clara, CA 95054
